This is an application for condonation of late noting of an appeal. The background to the matter is that appellant who was in the respondent’s employment was charged with acts of misconduct and taken before a disciplinary committee which found him guilty of the misconduct and dismissed him from employment. He lodged his appeals internally without success. He then appealed to the labour court within the time lines set out by the rules but ended up withdrawing that appeal after the employer successfully challenged some of the appeal grounds which he had placed before the court. He is still desirous... More
This is an application for the review of the decision by the Chief Finance Officer in a labour dispute pitting the employee and the respondent employer. The only issue for determination is whether it was wrong for the Chief Finance Officer to preside over an appeal which should have been presided over the Chief Operating Officer in terms of the respondents Code of Conduct. It is not in dispute that notwithstanding the reference to Chief Operating Officer in the Code such office has ceased to function and the Chief Finance Officer occupies the position at the same level with the... More
Appellant claims that the respondent was put on compulsory leave. It is alleged that during investigations, it was uncovered that respondent was committing another misconduct relating to engaging in work which was in direct conflict with his contract of employment as he was working for another agency. Upon being confronted, and with the possibility of a police report, respondent is said to have opted to resign. A mutual termination is alleged to have been agreed to. Respondent is however said to have left and disappeared till appellant received the notice to attend to conciliation from the Ministry of Labour. More
Applicant approached the court for an order that;
“Respondents return motor vehicles, Toyota Hilux Double Cab, Registration Number ABP 5625 and Toyota Hilux Single Cab, Registration Number ABP 5627 to the Applicant immediately upon service of this order pending finalization of the appeal filed by the Respondents at the Labour Office.” More
This is an application for rescission of judgment.
On the 21st May 2015, the applicants filed an appeal with this court against a determination of an arbitrator from the National Employment Council for Food and Allied Industries. They were represented by Messrs Maeresera and Partners Legal Practitioners. More
